Can I Contract Using My Cellphone?


The passing of the Electronic Communications and Transactions Act (“the Act”) means that it is now possible to contract by means of data messages, which includes e-mails, sms’s or WhatsApp.

This was confirmed in the case of Jaftha v Ezemvelo KZN Wildlife, where the court held that a contract of employment was entered into even though it was done informally via sms.

The Act however provides for certain exceptions and the two most important ones are the sale of immovable property and the drafting of a will.

A deed of sale must be in writing and signed by all parties. It is also important to note that any amendment, i.e. an extension of the date by which to obtain a loan, must also be in writing and signed by both parties.

Each page of a Will must be in writing and signed by the person making the will and witnessed by two witnesses who are all present at the same time.

Contact us before selling property or drafting a will.